Shropshire

Shropshire v. Superior Court

Good Law
1925 Cal. App. LEXIS 592·71 Cal. App. 418·235 P. 655
Court of Appeal of CaliforniaFebruary 25, 1925Docket No. 5012.California697 words

Opinion

Lead Opinion

Conrey, J.

The facts as shown by the petition are as follows: In the justice’s court of San Gorgonio township, in the county of Riverside, one J. W. Cook, a physician, sued petitioners on a claim for an amount stated as the reasonable value of professional services performed by him for one Roy Henderson. It was alleged that the plaintiff rendered those services at the special instance and request of the defendants. Judgment having been rendered in favor of Cook, the’ defendants appealed to the superior court on questions of law and fact. At the trial in the superior court the evidence proved conclusively that the services of the plaintiff were required and rendered by reason of injuries received by Henderson while in the employ of the defendants; that at the time of the injuries, Henderson was performing services growing out of and incidental to his employment and was acting in the course of his employment. Therefore, both petitioners and Henderson were subject to the compensation provisions of the Workmen’s Compensation, Insurance and Safety Act of 1917. (Stats. 1917, p. 831.) The petition alleges that by reason of said facts the superior court did not have jurisdiction to render the…

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